Recording Public Servants Phone calls for personal use is not illegal in the uk2018-09-282018-10-02https://www.freedomtalkradio.co.uk/wp-content/uploads/2017/12/logo-color.pngFreedom Talk Radiohttps://www.freedomtalkradio.co.uk/wp-content/uploads/2018/09/images-13.jpg200px200px

It Is Not illegal to Record Phone calls for personal use in the uk with the persons permission or not. Do Not share it as thats then different you could be breaking the law if its not a public interest case or to assist police to prevent a crime. read this page send comments to me via the web form or freedomtalkradio2013@gmail.com

UK SURVEILLANCE LAW

If you feel like publishing i will publish your story and any recordings or documents im sure if state corupt officials are involved the law will be soft on you expecially if your recordings or videos expose liars cheats or fraudsters in public office.

We need Solicitors,Social Workers,Mps,Msps,Councillors,Nhs, and more to do their jobs stop lieing and ignoreing the public the public servants work for you not them selves mass demos needed uk wide.

Forget your own causes they are all equally important but together we as a nation are stronger .

Be a whistle blower today contact us.

Under the Regulation of Investigatory Powers Act 2000 (RIPA), it is not illegal for individuals to tape conversations provided the recording is for their own use. … Journalists often record phone conversations but can only use what is said for research purposes if they have not told the person.13 Mar 2006
BBC NEWS | UK | Magazine | What are the rules on taping phone calls?

Put simply recording by an individual is not restricted at all, either openly or covertly provided it is a conversation they are involved with, which includes any meeting or telephone conversation, they do not need to inform others or seek their permission.

In terms of the Data Protection Act 1998

36 Domestic purposes.

Personal data processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes) are exempt from the data protection principles and the provisions of Parts II and III.

As meetings would be for matters involving themselves or their family they are entirely exempt.

There is similar regarding The Regulation of Investigatory Powers Act 2000 (c.23) (RIP or RIPA)

As a person is not acting for an organisation it does not apply to them.

There are only two exceptions:

1. MOD Premises no recording allowed
2. A Court of Law where permission has not been given.

Put simply a private person can record at will and this would include at any meeting and contact centres, taking pictures, video etc there are not in law what would be known as bugging and no one can forbid them as some LA’s are doing.

In fact to forbid or sanction could be an offence under the Protection from Harassment Act 1997 as amended

Section 1 (1A)& 2

(1A) A person must not pursue a course of conduct –
(a) which involves harassment of two or more persons, and
(b) which he knows or ought to know involves harassment of those persons, and
(c) by which he intends to persuade any person (whether or not one of those mentioned above)-
(i) not to do something that he is entitled or required to do, or
(ii) to do something that he is not under any obligation to do

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to or involves harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to or involved harassment of the other

Some local authorities have policies that breach criminal law (see below at end of this communication) and the the quote from below “Service users should understand that Judges are highly unlikely to accept covert recordings as evidence in court.” is clearly wrong and there are many cases of judges ruling the opposite, though the normal protocol would be that a recording is transcribed and if there is dispute a copy of the recording provided.

Service users would not have to provide a copy as it would be their own copywrited material, they can charge for a copy and use by others as well, though obviously there would be restrictions in law as to its use, ie publication etc.

Here is a recent rather dramatic example of a service users vital use of recording

We would like to work with you on developing a fit for purpose policy, at least in regard to service users if not also for staff doing such, so staff and SW/other staff can be properly informed.

We think that it could be considered good policy to:

A. Inform Users they can and the framework of law and rights etc
B. LA’s to consider a framework for they own recording and service user access to those

As these could provide not only protection to service users, in disputes about what was said or was out in a report or as in the above link regarding Hackney, protection from serious false hoods, but also protection for LA staff and the Local Authority it’s self from either or both of unscrupulous services users or staff and aid dealing with complaints, an insurance policy and training and review aid.

Perhaps we could work with you to help develop the model that the rest of the country follows?

Can you record phone calls without consent UK?

Sir Ian did not break the law. Under the Regulation of Investigatory Powers Act 2000 (RIPA), it is not illegal for individuals to tape conversations provided the recording is for their own use. … If a person intends to make the conversation available, they must get the consent of the person being recorded.13 Mar 2006
BBC NEWS | UK | Magazine | What are the rules on taping phone calls?news.bbc.co.uk/2/hi/uk_news/magazine/4801072.stm

https://www.freedomtalkradio.co.uk/uk-surveillance-laws/

recording a conversation without the knowledge of the people involved

What are the call recording laws in the UK?

The line between safety and privacy is becoming thinner and thinner as the UK government tries to keep the public safe in the wake of some of the atrocious things that have been happening. This has a knock on effect to regulation in things like businesses recording calls. The call recording laws in the UK are complicated and regulated by a number of different bodies. The main regulators for call recording in the UK are:

The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights.

Public Interest, Political Philosophy and the Study of Public Administration

Public interest is a term with a long history in traditional political philosophy. The idea of transforming the interests of many people into some notion of a common good is of course for many people the central task of the whole political process. Thomas Aquinas maintained the “common good” (bonum commune) to be the end of government and law, while Aristotle took the idea of the “common interest” (to koinei sympheron) as the foundation for his distinction between “right” constitutions, in the common interest, and “wrong” constitutions that were merely in the interests of the rulers. The purpose of government is therefore, within many traditional accounts, to give expression to the public interest. As John Locke puts it, “the peace, safety, and the public good of the people” are the ends of political society, and “the well being of the people shall be the supreme law”. Jean-Jacques Rousseau took the idea of the “common good” (le bien commun) to be the object of the general will and purpose of government.

However, this begs the question of how one determines what is in the public interest and what is merely, in James Madison’s words the will of “interested factions”. This is potentially dangerous territory. Eamon De Valera, the founder of the Irish state, famously is said to have stated that he only had to look into his own heart to know what the Irish people were thinking. It is not difficult to conjure up a whole series of more sinister figures from history who similarly may have claimed to be the font and origin of what the people want. However, the fundamental task of a political process (at least in anything approaching a democratic condition) is to find a way of translating all the individual interests in society into some common, public or general good that both encapsulates and transcends each individual expression of interest. Within some versions of democracy public interest is simply the result of the clash of all private interests. It may be enough here to simply count the preferences of people expressed in a fair election and take the majority position (hedged around by various protections for the minority) as establishing the public interest. Other “thicker” forms of democracy require more by way of resolving, measuring and building preferences within process of deliberation and debate.

The fact remains however that no political system can generate a comprehensive series of answers as to what is within the public interest in all the issues that face government. It will remain up to officials – as well as lawyers and judges – to make decisions about where the public interest lies in any matter. The classic British Civil Service, within the Northcote-Trevelyan tradition, would see itself as operating within the political framework of government in pursuit of the public interest.

This sort of reality of government practice has provided a starting point for many accounts of public interest within a framework of the study of Public Administration. The way in which the term is used and the value attached to it have been the subject of many trends and fashions within this academic discipline in the UK and USA. Questions have been asked about what is the proper boundary for describing the “public” in this context. Should it be the community, region, or nation, or is there a plausible idea of a European or even Global public whose interest can be divined? [see EU law; the ECHR] Even within a viewpoint circumscribed by some vague notion of “society” – however that it is defined -, public interest has been seen variously as the commonly held values of society, society’s “best interests”,, a moral standard for public action, a simple balance of interests, an illusory idea, and other things besides. This leads on to debate about whether and how any version of public interest can be calculated and how it might be advanced through government policy. As the study of Public Administration blends into Political Philosophy there are arguments that an interest must be seen as “justified claim” rather than simply a want or desire, and that the “public” as it is constituted for these purposes must satisfy certain democratic criteria. This leads on to wider questions about the nature and possibilities of political action in a common interest and the moral, ethical and normative nature of such action.

It is at this point, and because of the difficulties in ever coming up with any agreed, usable conception that some public administration scholars have recently turned to law (and to the Constitution in the US context) in order to gain some purchase on this concept. Within (particularly North American) approaches to the discipline of Public Administration there can be seen a recent trend towards an approach that systematically studies public administration by looking at court interpretations, as well as statutes, international treaties and significant constitutional actors. Within this approach combining understandings of public interest with constitutional law, and wider ethical considerations as viewed through contemporary economic and legal analyses, is thought to reinvigorate the discipline and revive the viability of studying the rather troubled idea of public interest.

Exclusive: more than 96% of reported fraud cases go unsolved Few of the crimes reported to Action Fraud are solved, Which? research found

Why do companies record calls in the first place?

There are many reasons that companies record calls and most of them are put in place just to make the business better. Training and monitoring are the main reasons calls are recorded in the UK. Not only is call monitoring a good way to help with an employees continued professional development but it is also a way to establish if the customer was right or not if there is a dispute. Listening back to a call is one of the main ways most companies that use telecommunications establish what policy or procedure to use going forward after a complaint has been raised by the customer. Many questions have been raised in recent years into whether call recording is ethical or not – but companies are bound by law to tell you that the call is being recorded, so as the customer it is your choice to continue the call or not. In most cases it can be beneficial to customers if they are adamant they are right or something was agreed to on the call that the company is denying. As part of the Data Protection Act 1998 all customers have the right to a recorded call of themselves.

What are the laws?
RIPA is the main regulation for the recording of calls. While larger companies adhere to policies and regulations that are internal, small companies and individuals are only bound to the regulations stated above.

Can anyone record calls?
As an individual you are able to record phone calls. There are currently no UK laws prohibiting actually recording the call – just what you do with the information when you have captured it. The only time call recording becomes illegal is if you hand over the information to a third party without the customer who has been recorded’s consent. You also need to be mindful of how secure the connection is if there is going to be sensitive information discussed.

Do I have to tell people they are being recorded?
Again, you do not need to inform people they are being recorded on a personal level if you do not wish to relay the information on to a third party.

What are the laws for businesses?
The laws for businesses are slightly different. They are only allowed to record calls in the following circumstances:

Evidence of a business transaction is being provided between customer and representative
The call recording is to ensure that a company is complying with certain regulations
The call is being recorded to ensure that a certain quality is being met
The prevention or detection of crime or to protect national security
To investigate the wrongful usage of telecommunications systems or to ensure the safe usage of them

Producing evidence in court

Can these recordings be used in court to prove critical facts about a claim or defence even though they may have been obtained without consent or in line with the rules?

A tricky question. Again, on fundamental principles of law the claimant should not come to court with ‘dirty hands’ and judges commonly believe a cheat should never prosper. The RIPA also prohibits the product of unlawful interceptions to be admissible in court. However, in civil cases some judges take a pragmatic approach that if the information is already disclosed and it is highly relevant, then it will be admitted – but then you are stuck with it for better or worse. So where it is relevant and helpful it can be admitted and used to prove your case, but once the party is aware of its existence it must be disclosed and this may raise other issues all together. There is also risk that although you may obtain judgement in your favour, the unlawful means of obtaining this evidence, could be reflected in the remedy you receive for example perhaps less damages.

Be warned that if the data has been obtained illegally or unfairly then a party can address this by alternative means outside of the proceedings. It can issue a claim for breach of the Data Protection Act or under the above legislation claim damages for any losses suffered as a result of the recording. The Employment Appeals Tribunal has also indicated that it would exercise its Part 32 powers to override statute and admit evidence if a fair trial was at stake – so even if precautions were taken by employers to prevent recordings, for issues such as discrimination claims it may still be permitted?

There is no clear answer in this area of law, but the basic principles of obtaining consent for recordings is one that everyone should follow the guidance and if you haven’t and want to rely on it, yes you probably can, but be aware of the risks involved.